Bombay Bar Association Condemns Threats & Attacks On Justice Gautam Patel's Family Over Judgment

Condemning the threats issued to former Bombay High Court judge Justice (retd) Gautam Patel and his family, the Bombay Bar Association (BBA) has called for thorough investigation of the incident and has urged the Ministry of External Affairs to ensure the safety of the judge's family members living in England.

Reportedly, Justice Patel and his family have been facing threats for the last 10 months now over a judgment he delivered on April 23, 2024, wherein the judge held that Syedna Mufaddal Saifuddin was the rightful successor and 53rd Dai al-Multaq, the spiritual head of the Dawoodi Bohra community.

As per reports, the judge's wife received threat letters in Mumbai while his daughter received similar threat letters in London, where she lives, threatening the family of dire consequences if Justice Patel failed to "recant" his judgment via a YouTube video. The judge's daughter - Aditi Patel was also attacked by a masked man on the streets of London.

Taking cognisance of the issue, the BBA has issued statement through its President and Senior Advocate Nitin Thakker.

"The Association records its strongest condemnation of any attempt to threaten, intimidate, harass, assault or otherwise target a Judge or members of a Judge's family on account of the discharge of judicial functions. Reports that a member of Justice Patel's family suffered physical injury in the course of one of these incidents render the matter particularly disturbing and warrant the most serious attention of the authorities," the BBA said in its statement.

Violence or threats of violence against judges or their families strike at the very heart of judicial independence and constitute a blatant assault on the rule of law, the BBA said.

"Such conduct is not merely an attack upon an individual Judge; it is an attack upon the institution of the judiciary and the constitutional promise that disputes will be resolved by courts free from fear, favour, affection or ill-will," the association said.

The BBA said that in a constitutional democracy governed by the rule of law, judicial decisions may be questioned, criticised and challenged only through lawful and constitutional means, including appellate remedies available under law.

"Resort to threats, intimidation, coercion or violence against judges or their families has no place in a civilised society and cannot be tolerated. The BBA expresses its solidarity with Justice Patel and his family and reaffirms its unwavering commitment to the independence of the judiciary, the dignity of courts and the rule of law," the association made it clear.

Therefore, the BBA has called upon the concerned authorities to conduct a prompt, thorough and effective investigation into these incidents and to ensure that all persons responsible are identified, apprehended and prosecuted in accordance with law.

"The BBA calls upon Ministry of External Affairs to take all steps necessary and take up the matter with the authorities in England to ensure safety of Justice Patel's family," the statement concludes.